L.L. 1999/020
Enactment date: 5/26/1999
Int. No. 472-C
Introduced by Council Members Dear, Carrion, Cruz, Eisland, Espada, Freed, Leffler, McCaffrey, O'Donovan, Reed, Rodriguez, Warden, Koslowitz, Fisher, Lopez and Perkins; also Council Members Harrison, Michels and Robinson.
A Local Law to amend the administrative code of the city of New York, in relation to standards of conduct for drivers of taxicabs and for-hire vehicles.
Be it enacted by the Council as follows:
Section 1. Legislative Intent and Findings. The Council has, from the time it first established the Taxi and Limousine Commission, understood the strong need for aggressive regulation of the taxicab and for-hire vehicle industry and those directly responsible for the safety of the riding public. However, the Council finds that certain of the rules promulgated within the past several months by the New York City Taxi and Limousine Commission, such as those that modify the disciplinary measures that may be imposed against taxicab and for-hire vehicle drivers, taxicab and for-hire vehicle owners and taxicab medallion owners are onerous.
The Taxi and Limousine Commission was established in 1971 when the Council enacted Local Law 12 to add Chapter 65 to the New York City Charter and a companion Chapter 65 (now portions of Title 19) to the Administrative Code of the City of New York. Chapter 65 of the New York City Charter sets forth the jurisdiction, powers and duties of the Taxi and Limousine Commission. Therein, the Council conferred upon the Taxi and Limousine Commission authority with respect to ". . . the regulation and supervision of the business and industry of transportation of. persons by licensed vehicles for hire in the city pursuant to the provisions of this chapter[.]". The Taxi and Limousine Commission's authority included, inter alia, the licensing of taxicab and for-hire vehicle drivers and owners and the setting of standards for their conduct. Former Chapter 65 of the Administrative Code established discrete policies with regard to the regulation of taxicabs and for-hire vehicles and set forth in considerable detail the manner in which the newly-created Commission was to implement its new powers. Local Law 12 of 1971 also amended the New York City Charter to divest the Police Commissioner of the long-held authority to oversee the licensing and regulation of taxicabs, for-hire vehicles and taxicab and for-hire vehicle drivers.
In the nearly thirty years since the Taxi and Limousine Commission was created, the Council has enacted local laws relating to many of those subject areas where authority to regulate was conferred upon the Taxi and Limousine Commission by Local Law 12. These include creating a licensing program for agents (Local Law 83 of 1995), restructuring the manner in which base stations and their affiliated vehicles operate (Local Law 51 of 1996) and modifying the liability of rental car companies for violations of Taxi and Limousine Commission rules by their customers (Local Law 35 of 1998).
It is the Council's view that Int. No. 472-C establishes a superior balancing of the concern for safe and high quality service with the need for fair treatment of an industry important to New York City. Accordingly, it is the Council's determination that any rules of the Taxi and Limousine Commission that are inconsistent with any provision of the New York City Charter and Administrative Code of the City of New York as enacted by the City Council are superseded and thereby void and of no legal force and effect.
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[Consolidated provisions are not included in this Appendix A]
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§ 5. If any clause, sentence, item, paragraph or section added by this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, item, paragraph or section thereof directly involved in the controversy in which such judgment shall have been rendered.
§ 6. This local law shall take effect immediately.